The Game of Drones: The Deaths of Innocents

At news conference, President Barack Obama expressed “profound regret” for killing two civilians, who were being held captive by Al Qaeda, during a counter-terrorism strike in an attempt to rescue them along the Afghanistan-Pakistan border this past January. The operation involved a drone strike.

The US president spoke shortly after the White House announced that intelligence officials had concluded that the January counter-terrorism operation had “accidentally” killed Dr Warren Weinstein, a US government aid worker, and Giovanni Lo Porto, an Italian aid worker. [..]

Separately, the White House also disclosed that it had mistakenly killed two other Americans, both of whom were suspected of being high-level al-Qaida members but had not been specifically targeted.

Obama did not mention the two American al-Qaida members in the statement from the White House, in which he sought to explain how his counter-terrorism strike could have take the lives of two hostages. Neither did he use the word “drone”. [..]

Yet the president struck a surprisingly defiant tone, insisting that his administration had acted on the best intelligence available at the time and claiming that his decision to declassify the operation and initiate a review was a sign of American exceptionalism.

He said he had decided to make the existence of the operation public because Weinstein and Lo Porto’s families “deserve to know the truth” and “the United States is a democracy, committed to openness, in good times and in bad”.

Also mentioned in the article by a team of reporters at The Guardian was that, despite the president’s claim of “transparency,” there is still a great deal of secrecy surrounding the use of drones and a lack of accountability for the number of civilian killed during these raids.

The American Civil Liberties Union in March sued the Obama administration, which has proclaimed itself the most transparent in history, for disclosure of critical legal documents underpinning what the administration calls its “targeted killing” program – including the criteria for placement on a list permitting the US to kill people, including its own citizens, without trial.

Obama’s admission regarding the deaths of Weinstein and Lo Porto is likely to intensify criticism of the president’s worldwide drone strikes, conducted by the CIA and the military’s Joint Special Operations Command. A recent analysis by human-rights group Reprieve estimated that US drone strikes intending to target 41 men had killed 1,147 people as of November.

Salim and Waleed’s deaths sparked protests in their village, and the incident was later well-documented by international media and human rights groups. Their family representative, Faisal bin Ali Jaber, has met with Yemeni and U.S. national security officials and members of Congress. But the United States still has not formally acknowledged or apologized for the incident.

The previously unreported intelligence report, viewed by The Intercept, indicates that the U.S. government knew soon after the strike that it had killed two civilians. It could add fire to a lawsuit that Faisal bin Ali Jaber has launched in Germany, as further evidence that U.S. strikes put innocent Yemenis at risk.

Jaber will testify next month in front of a German court, alleging that Germany is violating a constitutionally enshrined duty to protect the right to life by allowing the United States to use Ramstein Air Base as part of its lethal drone operations.

It is the first time a victim of a U.S. drone strike will air his grievances in court, lawyers for the case told The Intercept. The lawsuit could put Germany in the awkward position of having to publicly defend its role in the U.S. drone program.

As The Interceptreported today, the U.S. military sees Ramstein as an essential node in the technical infrastructure for its armed and unarmed drone operations. A budget request for the Ramstein station stated that without the facility, “weapon strikes cannot be supported.”

The Obama administration has come under heavy criticism from international and human rights organizations over the legality of its drone program and the targeted assassinations of American citizens suspected of terrorist involvement without due process.

In a another case in Pakistan, a judge has ordered the [police to investigate the CIA for its authorization of drone strikes in 2009:

Last Tuesday, the Islamabad High Court ordered police to open a criminal case against former CIA Islamabad Station Chief Jonathan Bank and ex-CIA legal counsel John A. Rizzo for murder, conspiracy, terrorism and waging war against Pakistan.

The complainant is Kareem Khan, whose son Zahin Ullah Khan and brother Asif Iqbal were killed in an alleged December 2009 CIA drone strike in the mountainous Waziristan region bordering Afghanistan.

The case was lauded as the “first of its kind for directly implicating and naming a CIA official” by University of Hull international legal expert Niaz Shah. [..]

However, the case appears to rest on whether Pakistan’s political apparatus is willing to pursue a sensitive legal action that police say may imperil U.S.-Pakistan relations.

According to court documents seen by TIME, not only does Khan’s case implicate ex-CIA officials, it also calls for an investigation into the U.S. embassy in Islamabad, where Khan believes the drone strike was ordered. [..]

Even if the investigation receives the green light, bringing ex-CIA officials to trial will be an onerous battle in Pakistan. Should Bank and Rizzo fail to appear, one recourse is the international police body Interpol, which can extradite former CIA officials to stand trial, says Mirza Shahzad Akbar, the Pakistani attorney leading case. However, cases against CIA officials seldom succeed, even when Interpol is invoked, for reasons of diplomatic sensitivity. [..]

Even if the investigation receives the green light, bringing ex-CIA officials to trial will be an onerous battle in Pakistan. Should Bank and Rizzo fail to appear, one recourse is the international police body Interpol, which can extradite former CIA officials to stand trial, says Mirza Shahzad Akbar, the Pakistani attorney leading case. However, cases against CIA officials seldom succeed, even when Interpol is invoked, for reasons of diplomatic sensitivity.